stuart: here it is. the highlight reel. >> it will work until it does not work anymore. >> people will lose their jobs. >> he is turning around and saying that it is catastrophic.

>> thousands of teachers and educators will be laid off. >> he is basically blackmailing the american people. >> it will jeopardize the readiness. it will eviscerate job creating investment. stuart: that is a dire warning. spending cuts ruined lives. thank you very much to sandra and charles. thank you very much, indeed. dagen and connell, it is yours. dagen: good morning. i am dagen mcdowell. connell: i am connell mcshane. dagen: see this? if it does that worry economists, he says bring it on. he is here to tell you why. connell: making money on cyber security. the white house looking to go after china. no dow a growing concern all around. we have some investment ideas for you.

dagen: wasting your tax money on these things. the high number of irs employees that have blackberries, but do not need them. connell: walt mossberg will be here. dagen: we cannot wait for that. top of the hour. stocks now and every 15 minutes. nicole petallides is that the new york stock exchange. nicole: it was posted on the side and then it was pulled down. were they, are they, aren't they? there was uncertainty as to what was really happening. then those stocks were halted here at the new york stock exchange. they actually backed up into one another, the two graphs. now you can see that it is unofficial. back to you.

connell: we have china denying reports that a military unit is behind a series of cyber attacks against u.s. companies. dagen: the white house is considering fines and other trade penalties against china. peter barnes has the very latest from washington. peter: the administration is expected to release its own reports. attorney general eric holder will be holding a news conference on this this afternoon. the u.s. is trying to step up efforts to prevent chinese hacking which have hit dozens of u.s. companies. the second report increasing pressure on the administration to take more forcible action against the chinese for what experts say have been years of systematic x-men nosh.

these new programs between u.s. intelligence agencies and companies will take time to roll out. connell: peter barnes in washington, d.c. for us. obviously, this is becoming a bigger and bigger story for us. watch this. >> we have also, regularly and repeatedly, raised our concerns at the highest level with the chinese government about cyber theft. including with sr. chinese officials and the military will continue to do that. connell: former navy seal is with us. you have heard the government response in part to this. what do you make of it? >> thank you for having me on. connell: no problem.

>> what we are seeing here is a level of technical aptitude that could be compared to that of when we started the manhattan project. the majority of industry possesses the capacity to deal with the scope. the soup -- the solution will rely on more. connell: asking what? asking about needs or private industry to come up with solutions? >> i would say a little bit of both. there is clearly a business side to that. in that case, i would think that as the government continues to work closely with some of the big security firms and looking at solutions, ultimately, they will not look as conventional as previous ones. connell: there are a couple of things that stand out this week.

we are shocked by it, but the idea that it was put formally in that report, you cannot ignore it anymore. the other thing that i think is interesting is that apple gets involved to the extent where they say that these facebook hackers also came after apple. they have been associated with being able to avoid viruses and the likes. if apple is dealing with this, pretty much everybody else is. it is a big deal. >> absolutely. apple has been widely known for their software and hardware being virus proof. in each case, apple and every other company out there, it all started with an insider clicking on an e-mail. we do it every day. connell: that is a lesson for everyone. how do you see this playing out, i guess? is it a cold war like kind of creation?

people using all kinds of language like a cyber pearl harbor. what will this look like? the u.s. versus china. >> structurally, it it will end up a lot like the structure of nuclear deterrence. i would say, there will definitely be a public face and a private facing side to it as well. the battery of entry to be involved in this is so low with the proliferation of tools. anyone can do this type of activity. connell: john, it was nice to meet you. we will have you back in. a former seal. you may be looking for some stock plays in all of this. we thought we would pass along what joe from emerald asset management had to say. specific companies that may be affected. source fires is one of them.

he also likes kvm, which use all of there. there are ways to make money. that particular company would get you into the world of cloud -based security. the third one is fortinet. joe's cyber security stocks, there is more on that on fox business.com. joe will be a guest of ours tomorrow morning on market now. we have a guide to health insurers companies against these types of attacks. much more on that a little later on this hour.

dagen: just over a week since the spending cuts taken. joining us now is john writing. good to see you. >> one of the problem with spending cuts is there are no cuts in budgetary authority. the actual cuts, and they are cut from a growing baseline, is $45 billion this year. we have a $15.8 trillion economy. it is one quarter percent of the size of our overall economy. dagen: do these need to happen, though, as far as a base line? if we let these have been and realize they are not hard on the economy, that could open the door for something more serious? >> they also need to have basic

credibility. spending cuts are counted over ten years. they have not yet happened. these are clumsy cuts. it would be nice to have them replaced by more targeted cuts. it is better to have more cuts really in the bank taking place. like me saying i am going to go on a diet, but i am going to eat a big desert right now. i eat the calories now and i never get around to dieting later. dagen: do you believe that the markets, those still willing to lend money to the u.s., that they need to see movement in order to feel secure about, not just find that that, but continuing to own it at this point to be satisfied that we will try to at least begin to write ourselves financially.

>> the problem is, the real things we need to address are the things that drive the debt of five years down the road. if we have some spending cuts, the economy is improving. the deficit might as well fall a little bit over the next two or three. then we have the longer programs such as medicare. that is something that the sequester does not speak to. it is something that i think the president, who i think is demonizing these cuts to get revenue increases on the table. dagen: tax hikes. >> tax hikes. i think that is a reason we are hearing this played out. it would be nice to have a down payment. the federal budget is $3.5 trillion. we are talking a very small piece of the federal budget here. dagen: john, thank you.

amazing insight, as always. be well. connell: we have more out of d.c. going toe to toe on tax reform. why the speaker of the house thinks it is a waste of time. one republican senator does not want to give up the fight. dagen: employees at the irs with lock. when they do not need them to do their job. your tax money is paying for them. connell: we will be right back. oh, look at oil. dagen: it is down two dollars. ♪ all stations come over to mission a for a final go.

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♪ dagen: making money with charles payne. connell: just trying to help people out.

charles is here. charles: lucky seven. clean harbors. i will teach you later. dagen: i play dominoes. charles: for money? connell: she plays everything for money. charles: let me tell you what they do, industrial waste management. though core business landfills. their average will last another 42 years. it is the extra stuff that helps them out a lot. getting rid of industrial waste and then things like sandy. obviously, you cannot necessarily a model for this. we are being told that these storms will happen on a regular basis. the stock is a great value down

here. pretty good numbers today. i love the risk reward on it. if you are willing to hold it longer, i think you can get more than that. it lasted for years. it went up almost straight up after that. connell: so you went in it and stayed for a while? charles: i do have it in people's 401(k)s. connell: more from charles throughout the day. careful what you wish for. let's go down to the exchange now for another addition of stocks now. nicole: let's start off with jpmorgan. a day where the banking index is to the downside. they are down about a half percent. investors control more than 16 million shares. they are calling for the company to split.

a name, board chairs. you are seeing people speaking out in that way. the same time we are also taking a look at another name. a new annual high. it agreed to be acquired in an all cash transaction. it is worth roughly $1.4 billion. back to you. connell: thank you. dagen: tax reform. the house speaker thinks it is a waste of time. there is one republican who disagrees. connell: we will talk about that. are you sick of watching your money go two minutes that you do not use? walt mossberg has an alternative for you. let's take a look at some markets. stocks are down a little bit. here are the currencies. the euro is down against the dollar. we will be right back. ♪ ♪

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don't wait until you become the next victim. you have so much to protect and nothing to lose when you call lifelock now to get two full months of identity theft protection risk free. that's right, 60 days risk-free. use promo code: gethelp. if you're not completely satisfied, notify lifelock and you won't pay a cent. order now and also get this shredder to keep your documents out of the wrong hands-- a $29 dollar value, free. get protected now. call the number on your screen or go to lifelock.com to try lifelock protection risk free for a full 60 days. use promo code: gethelp. plus get this document shredder free-- but only if you act right now. call the number on your screen now! stamps.com is the best.

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austerity measures including high taxes and wage cuts. the union house 200 billion euros in greek bailouts. great unemployment is nearly 30%. today is lance armstrong deadline on whether he will tell the doping agency what he knows about performance enhancement drugs used in cycling. this corporation is the only way his lifetime ban from the sport will be lifted. he admitted in january for doping when he won seven tour de france titles. natural gas explosion destroyed a restaurant. two people are in critical condition. those are your headlines. back to dagen and connell. dagen: thank you. connell: rob portman is talking about a sweeping overhaul of the

tax code saying that america is falling behind in just cannot compete globally at this point. dagen: which edson is live in ohio where he spoke with the senators this morning. rich: good morning. we had a lengthy discussion about tax reform. he says he is working with four or five other democrats looking for a partner to roll out its corporate tax proposal. he can't and will get something done on corporate tax this year, he just needs a willing participant on the other side. i asked him about the simpson bowles proposal that came out yesterday. portman says that is an odd starter. >> you have narrowed the base. exactly. we have done the tax increases

over ten years. now it is an opportunity to say okay, this is the code that we have which has become a monstrosity. now is the opportunity for us to not talk about the tax increases or tax cuts. let's talk about how to get the tax code to work better for american workers. this is about workers. there was a study done by the congressional budget office. lower salaries, fewer benefits, fewer job opportunities. if we want to be competitive globally, if we want american workers to be able to compete, we have to reform our tax code.

i think there is a growing consensus about that. rich: portman says that consensus comes from the administration. he says that there is at least a willingness among them administration. right now he is in conversation with other democrats. a lot moving on corporate tax reform, however, still a long ways off on finding a place where democrats and republicans can really get together. dagen: good interview, rich. new report out today reveals that the irs paid over a million dollars for an estimated 14,000 air cards. the problem is, they went unused for at least three straight months in 2011. the government employees were assigned air cards and 4400

block. during 2011. this report conducted by the treasury inspector general for tax administration. there is the blackberry stock price today. dagen: mcshane, listen up. how about dressing like a post man? the postal service is launching a new line of clothing and accessories for men called "rain, heat and snow." it will include smart apparel including with jackets equipped with ipods. connell: we ask you know to refrain from making any jokes. walt mossberg is coming up to talk about another option in the

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dagen: some cheap minutes on a cheap cell phone. walt mossberg has tested one and he may have the answer for you. what he thinks about this new service from republic wireless. charlie gasparino was the first one to report about herbalife. businesses can buy insurance against a data breach. we will show you hi and tell you more. connell: let's go back to nicole at the bottom of the hour. more stocks now. nicole: martha stuart products. everyone thinks of bedding and all kinds of things for their

home. they are battling out about some particular products. they are back to court. there you go. up 3.5%. the question is whether or not jcpenney will pull off some of the products from our the stuart. they are actually, i think it is overvalued at the level. up 3.5%. it was up a little higher. it certainly is one to watch. dagen: flocking to prepaid phones. one in three cell phone owners are opting to pay as they go. it shall past 100 million as of june 2012. of 12% from the previous 12 months. the cost of prepaid cell phones is almost half of the traditional build cell phones.

take a look at shares of companies that offer prepaid services. a new carrier that uses wi-fi for calling and texting. the services cheap, cheap, cheap. connell: let talk to walt mossberg about it in this week's all things digital. he is going to tell us what republic wireless is all about. >> hello. you do not have to use the postal services clothing line to use this. connell: thank you, walt, for paying attention. >> i watch. this is a prepaid typing. it is a no contract month to month kind of thing. the main story is, $19 is radically low for unlimited data, voice and texting on an

actual android smart phone. as you pointed out, they do it by holding their cost down by doing it over wi-fi. they have figured out, and i think, anecdotally, i think this is right. starbucks or mcdonald's or wherever they are, this phone is engineered and there is service in the cloud of engineers so that the dialer, domain dialer application the false to try to make the call over wi-fi. if it fails, they bought wholesale minutes from sprint. you will never not be able to

make your phone call or send your text. they are banking on the idea that 60%, 70%, whatever it is, will be doing this over wi-fi. that is what allows them to do the $19 a month. dagen: at this calling is not seamless. >> right. there are a numbbr of catches, not catches in that they are trying to trick you, but there are a number of downsides. first, there is no seamless handoff. i was in starbucks and i made a phone call and i deliberately walked out of the starbucks. the wi-fi went away after a couple 100 feet. instead of switching me to sprint, what it does is hangs up that call, it does remember that number and it will redial it without you having to do it manually. there is a delay and it is

annoying. they are working on it. the other thing is, the phone itself. the phone is a mediocre, it is an android smart phone, but it is a mediocre model. it runs an old version of android. connell: it seems to me, it depends on who you are, but if yoo are somebody that is in sales and on the phone all the time called but if you are like the two of usand you do not like speaking on the phone and you use it mostly for texting -- you do make some phone calls. >> for a normal person, with kind of a typical pattern of usage on the phone, you know, you can run apps: wi-fi

obviously works very well for that, you know, if you are on a budget, a lot of people cannot afford a phone in the first place. part of their economic model is a church $250 for this phone up front. they have just yesterday introduced a new plan, and alternate plan where you only pay $99 for the phone, but the monthly fee is $29. it is still a bargain, but it is not $19. by the way, when i talked about the phone being mediocre, they are also promising this summer to bring out much better phones that are engineered to use this. dagen: walt, it was also to see you, as always. thank you for being here.

i promise to stop calling you. thank you, walt. that is one thing that we share. connell: i think a lot of people are like that. much more texting and much more internet. dagen: eight carnival of crazy, as i said earlier today. bill ackerman started the controversy surrounding herbalife and why he shorted the stock. charlie gasparino was first to report that the company is now buying back its stock giving it a boost. charlie has more on that coming up. connell: it would not work for charlie. he is always on the phone. businesses are bracing for higher healthcare costs. now, they are also spending money on more cyber protection. you have healthcare costs already. first, though, let take a look at some more markets.

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dagen: herbalife holding a conference call as we speak. connell: we have been flashing some headlines throughout the hour. charlie gasparino has been all over the herbalife story. charlie joining us now. charlie: the stock buyback is interesting. would we reported that they are actually doing it, there were several reports in the "wall street journal." they cited the fox business network in that reporting that they were not doing it. we should point out that the "wall street journal" is wrong in this. they are doing it. our reporting was right. we should point out, just in case you are new to herbalife, this is a battle going on between bill ackerman who says it is a scheme. the company says it is not. karl icahn took a big stake in herbalife. they say it is a great company.

$528 million in stock this year. that is part of the buyback program. herbalife says they have approximately 4500 nutrition clubs in north america. they have a retention rate. they keep selling over 51%. they talk about record sales. here are two things you should look at. look at the repurchase program. i think they have a billion dollars to repurchase. they have some more to go. that is good short-term for the stock. long-term. this is interesting. we should point out herbalife is under investigation by the securities and exchange commission. part of the accusation, by the

way, we got into this on fox business. if your customers are your distributors, you know, at some point, is that a business model that is sustainable? maybe they do not by that much. maybe the fact is they cannot sell that much and as a customer they cannot buy as much. essentially, your revenues implode at some point. it is not a product that is selling very well. they will more clearly delineate , my opinion is, here is the long-term thing. watch if the fec things them on this. my view is they are trying to get ahead of it. you have a short term good. we have good earnings. we have investors piling on our side. we also have a repurchase agreement that is halfway

through. long-term, this thing about customers and distributors, why didn't they do that in the past? there is a good chance, not think they will, there is a good chance we know they are being investigated. down a little bit. i think, you know, it is interesting. this whole thing with delineating between customers and distributors. that caught my eye immediately. the ftc goes after companies for disclosure. that gets at the heart of what ackerman is saying. connell: great stuff, charlie. charlie gasparino. dagen: more stocks now. the down near session lows. nicole petallides has today's

biggest movers. nicole: we had moved to highs we have not seen in five years. getting closer and closer. we did go back into negative territory. we have a very strong dollar today. that is something that is factoring in. i want to take a look at some movers. of course, we are watching blackberry very closely. they are down 2.8%. certainly, a volatile name. apple also lower. they outpaced samsung galaxy in the most recent order. boeing the best in the dow. they continue to work on fixing the dreamliner. toll brothers, that homebuilder, down over 5% today, dagen in connell. dagen: thank you, nicole. connell: the timing is

interesting. you already have healthcare costs nothing. business owners looking to ensure against a data breach. dagen: what about some winners? we found some on the nasdaq. ♪

connell: the cyber attacks we have been reporting out of major corporations like apple certainly highlight a growing problem. a new study by hp shows cyber

crimes are costing companies over $9 million a year. we have assisted vice president of -- how much growth are we seeing? companies deal with a lot of things. we have done a lot of stories about growing costs for say health insurance and a number of things. now you add cyber insurance. how much growth have we seen in investment in this type of thing? >> connell, we have seen tremendous growth. people are becoming much more aware. every business has exposure. we have seen double-digit growth. connell: what is that year over year? >> absolutely. year over year. connell: $9 million number that i cited a number go, the interesting part about that is @ent 2010, according to that study, you have a 38% increase. that gives you an idea of how

much we are going up. which type of companies "should get cyber security insurance"? >> you do not want to leave anything out for chance. you should absolutely have coverage if you are storing things for clients. almost everything is covered. depending on what you are talking about. that pays for the policy right there. you are talking about before there is any identity theft. you have someone coming in. thinking about what occurred and how much information they took. they will send out notification letters, as well as, establish a call center. connell: is there one industry that is ahead? logic would maybe tell you that technology is.

is there an industry that is kind of another in this? we look at these companies and see how it will affect their profit and loss going forward. which industry is on top of it and which are not? >> the financial services industries, banks and credit unions and insurance companies. you are also talking about any type of healthcare related clinic or doctor's office. they know that exposures. they understand the risks. no matter what you do, it is not a question of if it happens, it is a question of when it happens and argue properly prepared. connell: this is another reason this cyber security is so important. david, thank you for coming on today. >> thank you.

dagen: sandra smith has more in today's trade. sandra: look at the bump that this stock is getting. in intraday jump of 5.5%. their fourth-quarter profit really sort. as far as overall performance, by the way, i want to put up at least a five-year charts you can see this all-time high, one key number was their average guest spending was up 3% in the quarter. that is something that analysts are certainly keying in on, investors as well. then there is newfield exploration. a stock that has been volatile over the last few years. this is a big loser on today's session. it is down nearly 6%. by the way, it is underperforming the broader

market. it is an oil exploration company. they missed analyst expectations. they were supposed to post a profit. they posted a loss of $0.24 per share. this is one company that has really been struggling. dagen in connell, back to you guys. dagen: thank you so much, sandra. connell: talking about how you counter attack some of these cyber criminals. dagen: with cheryl and dennis next hour, launching counter attacks on behalf of businesses that were attacked. the local ♪ (train horn) vo: wherever our trains go,

the economy comes to life. norfolk southern. one line, infinite possibilities. >> announcer: you never know when, but thieves can steal your identity and turn your life upside down. >> hi. >> hi. you know, i can save you 15% today if you open up a charge card account with us. >> you just read my mind. >> announcer: just one little ece of information and they can open bogus accounts, stealing your credit, your money and ruining your reputation. that's why you need lifelock

to relentlessly protect what matters most... [beeping...] helping stop crooks before your identity is attacked. and now you can have the most comprehensive identity theft protection available today... lifelock ultimate. so for protection you just can't get anywhere else, get lifelock ultimate. >> i didn't know how serious identity theft was until i lost my credit and >> announcer: credit monitoring is not enough, because it tells you after the fact, sometimes as much as 30 days later. with lifelock, as soon as our network spots a threat to your identity, you'll get a proactive risk alert, protecting you before you become a victim. >> identity theft was a huge, huge problem for me and it's gone away because of lifelock. >> announcer: while no one can stop all identity theft, if criminals do steal your information, lifelock will help fix it, with our $1 million service guarantee. don't wait until you become the next victim. you have so much to protect and nothing to lose when you

call lifelock now to get two full months of identity theft protection risk free. that's right, 60 days risk-free. ususe promo code: gethelp. if you're not completely satisfied, notify lifelock and you won't pay a cent. order now and also get this shredder to keep your documents out of the wrong hands-- a $29 dollar value, free. get protected now. call the number on your screen or go to lifelock.com to try lifelock protection risk free for a full 60 days. use promo code: gethelp. plus get this document shredder free-- but only if you act right now. call the number on your screen now! dennis: hello, i am dennis kneale. cheryl: i am cheryl casone at the dow and the s&p 500 down. near the five-year highs again.

we have warnings from the upcoming market panel getting the budget panel together. about the experience a major pullback. dennis: fighting back against hack attacks. security firm launching counterattacks on behalf of businesses that got hacked. cheryl: gold prices sitting at a six-month low today. we are live where phil flynn says one country is buying big on the dip. dennis: stocks every 15 minutes, nicole petallides at the new york stock exchange. nicole: taking a look at the market as you noted, 14,000. not too far off from the all-time highs. not unusual to see them pull back. we set a new five-year record high that we haven't seen since 2007 sub that by bit higher and higher. higher highs and lower lows.

do you think we will be taking out the highs at some point this year. the dow jones industrial down one quarter of 1%. look at apple and facebook at the moment. we talked about cyber attacks, cyber threats and these have been on the rise most notably on friday talking about facebook. apple acknowledging their computers were hacked by the same hacker that targeted facebook. apple cooperating with authorities saying no data had been breached. this is a huge concern to have hackers, cyber threats. back to you. cheryl: thank you very much. all right, nine days to go until president obama is calling a job killing in spending cuts take effect. some say it could be a good

thing in the long run. right here, chief strategist for fixed income is with us. robert, i want to start with you. you're looking for about a 5% rollback. buying opportunity, but why that substantial of a pullback? >> it is a relatively big number but if you look at where we are at your over date, and the market never tends to stay too far, too long above the 50 day moving average so where i come up with that 5% number is having a market pullback to the moving average and long-term i think that would be a healthy correction and a buying opportunity for people to get back into stocks.

cheryl: you say congress is going to crash and it'll be painful but we all have to witness. >> the issue when it comes to the market is we have had the experiences a few times. back just a few months ago in each of these times we had an outcome relatively favorable. within a game of chicken do thea risk that something could go wrong. cheryl: i agree with you both on that. look at what happened fourth-quarter gdp we had a negative supply, that was very much tied to the fiscal cliff fiasco out of washington and i'm curious if the economy will take another major hit because you have news articles saying meat

will not be available, the world is ending because of sequestration and that scares the consumer, correct? >> it definitely scares the consumer. if this goes through, there will be about a 1% hit to gdp. let's keep in mind march 1 comes around, the economy doesn't turn into a pumpkin overnight. i do think it is going to happen, first of all. gold is telling you it is going to happen. that being said, two or three weeks government workers get their notice of layoffs creating enough political for everybody to get out in front of the media and make their point, that is where you will see the compromise come into play, and something will get done and professionals kicking the can down the road so again 5% correction is what we are expecting but it is long-term buying opportunity. cheryl: yo you're calling for

interest rates to kick higher. that will affect credit cards and everything. 2.2% at least for the 10-year >> it is already built in on the risk these issues are not resolved very successfully. once we see what ever does come out of congress the risk premium begins to bleed away a little bit more focused on the latter half of the year than the fiscal situation. cheryl: we talked about the u.s. disaster, how do i play that, how to play these? >> that is a good point. as an investor you don't have to be stuck to domestic economy growing at 1% with the emerging frontier market growing. case in point, look at pepsico.

it has been chugging along, not good growth but finally the investment they have been making an emerging market is paying off. they just recorded fourth-quarter numbers, 19% sales growth pretty much all coming from the emerging markets. if you look for a way to play it domestically, that is one way to play it. we really like the frontier story. the emerging market stories in the past few years, right now looking at places like frontier market, indonesia, argentina, these have not gotten a lot of attention out there when adding them to a portfolio really makes a lot of sense right now. cheryl: what you say to that?

speak the infrastructure required, looking at more the development. cheryl: that is such an interesting thought. thank you to both of you, glad to have you both on the show. dennis: republican senator pushing for a sweeping overhaul of the tax code, rich edson live from ohio where he spoke exclusively to the senator. rich: the center says he believes corporate tax reform can and will actually happen this year. the way this can be done is perhaps a new era in treasury. speaker yo we feel you have a willing partner in secretary geithner? >> he talked about it a lot, but they were not willing to put forward a plan. i was on the super committee, turned out to be not so super because we didn't get tax reform

done. we worked with the administration some. now we have a different situation, not only administration talking about doing it, but we also have the chairman of the tax writing committee in the house, and the tax writing committee chair and finance committee who has said this is a top priority of thei theirs, a process to work with tax reform including a lot of hearings, working groups and so on. i think the time might be right to do what we did 27 years ago and every 27 years to clean up the tax code. there have been literally hundreds of new tax preferences since we did it. rich: treasury points out under geithner, the treasury department put out a proposal

28% top corporate tax income right, however republicans detail enough with jack lew if it is concerned, confirmed with a new proposal. talking with four or five democrats to get a cosponsor for his tax proposal bill which would set the top rate is 25%. back to you. dennis: republican senator says time matime may be right for tax overhaul, but it seems every time you want to fiddle with the tax code on the democratic side they want rate increases and cap all kinds of detectives. can we have a tax overhaul without the debate about the 1%? rich: you look at what jack lew said i in the senate finance committee, said to the revenue first and then you can do a tax overhaul that does not raise taxes. the problem is if you start closing these preferences can you get rid of these loopholes and you don't do it as part of a

tax reform, if you take these loopholes and close them come you don't do it at the lower rate, you are narrowing the tax reform, that is republican argument. dennis: thank you very much, rich edson. cheryl: the u.s. is pointing the finger at china for recent cyber attacks and u.s. companies in the white house is taking action. peter barnes joining us from washington. this story, it caught many by surprise. >> possible new fines and trade sanctions against china for cyber theft according to sources. the attorney general will be leading off that press conference late this afternoon. u.s. trying to step up to prevent chinese hacking,

according to a reports the military is behind the hacking, that reports increasing the pressure on the u.s. to take more forceful action against china who experts say has been years of systematic espionage. >> structurally it will end up a lot like nuclear deterrent where countries will be deterred from engaging in other countries. i would say they will definitely be public facing and private facing side to it as well. >speaker lesley davies of cyber security efforts, but federal sharing between u.s. intelligence agencies and companies will take some time to roll out. cheryl: fascinating story. the tentacles of this report continue to rock everything.

dennis: speaking of that, counterattacking. he says companies should launch preemptive strikes against online invaders. cheryl: saving some money on your cell phone bill, we have an app that tracks all of your unused minutes. he will not believe how much money you could be wasting right now. dennis: more in the media minute. cheryl: look at oil as we do every day at this time. gas prices continue to go higher. we will be right back. dad, i'd put that down.

ah. 4g, huh? verizon 4g lte. 700 megahertz spectrum, end-to-end, pure lte build. the most consistent speeds indoors or out. and, obviously, astonishing throughput. obviously... yoknow how fast our home wifi is? yeah. this is basically just asast. oh. and verizon's got more fast lte coverage than all other networks combined. it's better. yes. oh, why didn't you just say that? huh-- what is he doing? cheryl: exactly 15 past the hour, stocks every 15 minutes,

team coverage for you. dennis: gold prices at six-month lows. and earnings alert and charles payne was how to make money on beer. first, nicole. nicole: i like that. let's see what is going with the dow jones industrial average first and foremost. down half of a percent from s&p down nearly half of a percent. we have hit five-year highs over and over again, record highs, but we are still challenging the all-time high. he says it is not easy to breakout above the highs, so we're testing those levels. another thing we should note, materials, metal under pressure. it has put under some pressure, that is what we have seen. the lower levels we've seen since july, the big picture here is we're testing these levels in

the dow at the highest levels we have seen. we haven't seen that since 2007. but his latest from the new york stock exchange. phil: liquidation across the board, you mentioned gold and silver. let's talk about oil and copper, lot of this of course the premier of china basically said we will slow down the real estate market, it is too hot, that started the momentum, but the momentum continues to build as the day goes on. a lot of selling coming into the market, out of the ordinary. something big is going on. something breaking on the floor pretty soon. if you look at the good news, gasoline prices, they are down $0.6.4 per gallon. the u.n. is talking about wowing

iran with a big deal. sandra: this is that selloff you are seeing in the oil market right now down more than $2, more than 2% drop on the day but no matter where you click, whether it is the gasoline prices, heating oil prices, silver prices and the copper market seeing a big decline in the session, a one-week chart, and of course gold down another $22 well below 1600. i want to address there are rumors going around, a lot of the trading floor in new york and chicago, originated out of chicago, we have been working the phones, no confirmation of anything, but that is being discussed right now. he said he is hearing the same sort of rumors but the bottom line if you look at the fact we

are about 14,000 hitting all-time highs the past couple of days he said this is asset allocations moving into the stock market. back to you guys. cheryl: it is time to make a little money with charles payne. this hour he is talking bigger profits. boston beer. charles: the stock has made such a gigantic move already. back in december raising the guidance to away everybody, the stock has been nonstop since then. from the high-end of $4.20 down to $3.56. the earnings for the year. the street is way above management. management raise their numbers significantly and here's the thing, the craft beer market down dramatically overall, but

the craft side of it has gone up. maybe somebody will step in and take these guys over. still run by the founder, who knows what his exit strategy might be. 48 major breweries in the united states. now there are two. an american icon, the stock keeps going. wait for a broad market pullba pullback, but if you're looking through this and you like it, don't want to talk you out of it. dennis: new home construction dipping last month. we have an analyst ahead. cheryl: marijuana tourism. saying pot will bring in visitors. coming up in your "west coast minute." dennis: other world currencies

faring against the u.s. dollar, the dollar is mostly up.

today is gonna be an important day for us you ready? we wanna be our brother's keeper. what's number two we wanna do? bring it up to 90 decatherms. how bout ya, joe? let's go ahead and bring it online. attention on site, attention on site. now starting unit nine. some of the world's cleanest gas turbines are now powering some of america's biggest cities. siemens. answers.

>> 24 minutes past the hour,

this is your fox news minute. former illinois congressman jesse jackson junior pled guilty to misusing $750,000 in campaign funds. checks will be facing roughly four years in prison at his june sentencing. his wife, sandra, great twis gry sentencing earlier with federal prosecutors and is due in court later this afternoon. today is lance armstrong's deadline to decide if he will tell the u.s. anti-doping agency under oath what he knows about performance-enhancing drug use in cycling..3 the agency says his cooperation is the only way his lifetime ban from the sport could bb lifted. after years of denial, the cyclist admitted in january 2 doping when he won seven tour de france titles. tens of thousands of greeks went on strike in 24 hours union led walkout. the nationwide protests against austerity measures including higher taxes and wage cuts. the european union and the imf have spent 200 billion euro

increase bailouts. dennis, back to you. dennis: thank you very much. news alert, housing cropping in january from december after surging close to 60% back in december. despite the dip, the level was still a third highest since 2008 and a melt down all of taking a toll on toll brothers of the earnings fell short of wall street expectations. joining us now to react to all of this, senior vice president at raymond james. thank you for being with us. we are up 24% over a year ago, down more than wall street had expected. how is it going to play? >> you have to keep in mind the multifamily component i and the number was highly volatile, statistically unreliable and a main driver fallen short of the consensus estimate today. senior family member was up very

modestly maybe 1% from december from the prior estimate, so the theme is this a recovery in housing continuing, internals of the data when you get to the permit number still very consistent, still showing signs of steady recovery, gradual improvement, we see a few signs that could be a couple of speed bumps ahead in 2013, things related to skilled labor availability, finished lots in the ground. dennis: you say the recovery started in fall of 2011 and building stocks up, since then is it too late and which ones would you buy now? >> we have to be cautious because evaluation and expectations are very full for lots of home building. one thing occurring right now is a strict by in demand.

seeing strong performance in luxury homes. move-up oriented homes, all the builders of trying to migrate higher price points because a first-time buyer with entry-level consumer in the housing market is still locked out of the game right now because the mortgage availability. we stick with the higher branded names like toll brothers, they are doing quite well for itself. dennis: it seems a lot of activities you were saying is investors buying homes instead of homeowners who want to live in those homes, does that bother you? >> it is unique, we are seeing the emergence of an entirely new industry, which is institutionalization of single-family rentals, and we will see a number of new public companies emerge in the next couple of years around this

theme. we will have millions of households that can't or won't do to facility reasons why a house or get a mortgage for themselves and they will need rental options and a lot of those options will need to be single-family homes. it is a transference of ownership. we have to fill those rentals, but what it is doing is drying up the inventory dramatically. dennis: okay, thank you for being with us. we have got to run. cheryl: interesting. saving money on your cell phone bill. there is an app for that. you won't believe how much money americans are wasting. dennis: counterattacking against criminals. launching counterattacks on behalf of businesses that got hacked. cheryl: we want to look at the

winners and losers on the s&p. there are some of your winners, as you can see. we will be right back. (announcer) scottrade knows our clients trade and invest their own way. with scottrade's smart text, i can quickly understand my charts, and spend more time trading. their quick trade bar lets my account follow me online so i can react in real-time.

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lifelock protection risk free for a full 60 days. use promo code: gethelp. plus get this document shredder free-- but only if you act right now. call the number on your screen now! >nicole: i nicole petallides on the floor of the new york stock exchange. stocks now. i want with a particular stock on the move on the downside. when you talk about the navigation system in your car come into the stock is down dramatically, down double digits in percentage terms. obviously a big move, putting

the stock at levels we haven't seen in more than a year. talk about the sales of the gps systems, let's talk about this in depth. they say they expect to sell fewer gps enabled navigation systems in 2013 this year and the full year forecast results are well below the analyst estimates and that is why you are seeing this move in this name of a very popular device but just not popular enough. back to you. cheryl: fascinating to see it was trading lower. appreciate it. dennis: counterattack the hack. carl joins us now. the next war has begun. you say we don't have to just sit back, it is time to attack the hackers first. >> that is right, thank you for having me on. it is getting nasty out there, companies are getting tired, we all know it greatly to win a

game is to have offense. integrate offense into operation. there are many reasons for this, but offensive operations is a new tactic in a very effective tactic. dennis: if i want to go on the attack, what can you really do for me, what kind of attacks? >> the whole idea around counterattack some people call it self-defense, some call it hack attack, make the person attacking you abandon their attack, essentially get them exhausted, so there are different techniques. mostly identify the fact you have somebody out there before they even start attacking you sometimes that you can actually begin the process of neutralizing. there are some nice techniques, lot of good, promising technology in this space. dennis: tell me something, how is it they could end up selling so much gear that they are still

vulnerable. >> like the health care industry where the drug manufacturers are not necessarily making us all togethealtogether healthy all t. it is a gigantic chessmaster. it is very dynamic, very dynamic criteria. they are innovative. as the threat evolves, the tools and the techniques have to evolve. dennis: once we have isolated hacker attacks saying china is responsible, we think we have solved the problem. tell us your doubts about the validity of the reports. what is bothering you about this? >> it is not so much that the chinese army or for that matter

cyber warfare going on. clearly that is obviously the case. in our opinion not retained to one nationstate nor retained to nationstate, there is the defense were to say organizations that don't affiliate with the nation like al qaeda, his attacks on u.s. commercial banking sector. so what we believe there needs to be a strategy similar to what went on with the engineering efforts during the soviet era for space exploration. that's the strategy of how to go about neutralizing these attacks. dennis: i think there needs a private vendor strategy, don't leave it to government. thank you for breathin breathin.

cheryl: we will have details ahead for you. and in the "west coast minute." dennis: the aflack duck shelling out for the affleck actor. but a look at the 10-year treasury.

adam: i am adam shapiro with your fox business brief. strong fourth-quarter earnings and a rosy outlook are not enough to help herbalife stock today. it could spend $20 million to dispute allegations from hedge fund manager that its operating as a pyramid scheme. herbalife ceo says he sees strong business momentum despite the alleged unfair accusations. less than a year after opening atlantic city casino and resort rebel, planning to file for bank of the next month to cut $1.4 billion in debt. they have already had the lineup since august to keep operating. macy's and jcpenny's in a courtroom. macy's ceo and jcpenney ce jcpee expected to testify.

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cheryl: about one in three cell phone owners are now opting to pay as they go s. prepaid situations passing 100 million. it could be wireless waste, that is a specialty. this weees "small business, big ideas." this is a big idea. you are evaluating wireless waste. what exactly is wireless waste? >> wireless waste is the difference in what you use and what you spend. cheryl: 80% of users are wasting about $200 per year on their cell phone bill. >> globally it is a trillion dollars. cheryl: they are overspending on their bills. so you have an app that will

analyze the bill. telling us we are wasting this money. >> it is a free service. we allow you to show you where you can save and you can take the money and save it or you can donate it. cheryl: let's talk about the fact eight in 10 families are wasting the wireless time right now. you're only working with a couple of cell phone companies, right? why just those two companies? >> 70 million families we can help, we are constantly developing. cheryl: you have a business platform as well, going out to small businesses and companies working with them, what are you finding? >> it is the same type, we go in

and evaluate the wireless bill for them and work with the state of california. cheryl: they could use every dollar, i'm assuming. he used to work with verizon. >> yes, i was there for 10 years. cheryl: do you think that is where the business can grow in your opinion? >> we can definitely work with larger enterprises. we are focused on small business. that is where we see the opportunity to help americans. cheryl: the iris of all people found all of these employees didn't need blackberries were going into getting blackberries. >> they are incredible. if you ask about the service or the bill, they're not happy

about it. cheryl: go to the website, and also we are showing you this is what your company does come you analyze the bill, work out the discount and tell us how we are losing money. thank you very much, good to have you on the show. dennis: 15 minutes top of the hour, nicole petallides live on the floor of the new york stock exchange, some gold stocks getting tarnished. nicole: you think about gold, you think of the safe haven of gold. today we see the commodity itself, gold, down $23. also take a look at the gold stocks, they don't always correlate. down nearly 4%. gold research corporation down 1%, some other gold reserves down. a couple of things that factor into this, most notably the

minutes are due out shortly, that could be fracturing the commodity in the big pictures when they talk about china and the emerging markets, the less interested than these particular commodities and materials. so what happened to gold 1800 per troy ounce? back to you. dennis: thank you, nicole. and it is time for your "media minute." the aflack duck shilling for the affleck actor. what's a poor campaign for ben affleck to when th when the osc. some 30,000 admirers have sent him goodwill wishes. and a letter i received yesterday invites fans to write about aflack or affleck. so how much is aflack spending

on this campaign? nothing as they are using ben affleck without even telling him. and dish network says fourth-quarter earnings fell 33% and only 14,000 new subscribers. way below wall street estimates. the stock up anyway. up a percent. in the past year, up almost 40%. magazines fighting for their lives now one of the best of all is diversifying. and jewelry. owning half of the e-commerce startups in europe. cheryl: pot tourism, why one state thinks legal marijuana will encourage you to visit there. because coming up on the "west coast minute." dennis: and a look at the winners on nasdaq.

great, everybody made it. we all work remotely so this is a big dl, our first full team gathering! i wanted to call on a few people. ashley, ashley marshall... here. since we're often all on the move, ashley suggested we use fedex office to hold packages for us. great job. [ applause ] thank you. and on arotocol note, i'd like to talk to tim hill about his tendency to use all caps in emails. [ shouting ] oh i'm sorry guys. ah sometimes the caps lock gets stuck on my keyboard. hey do you wanna get a drink later? [ male announcer ] hold packages at any fedex office location.

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dennis: your nest egg is in rehab mode, so what is the best place to build it up and protected? joining me now with three main weapons. number one, stocks returning an average of 6% per year over the past decade because of that rise, but you say buy and hold

debt. >> we are now back where we were before the recession, so what you see is something most everybody knows about but they don't know how to implement it. you want to be having modern portfolio, diversifying small, medium growth. i like to avoid the bailout and annual rebalancing. it is important. dennis: i have not read balanced it since 1990. how much do you change your mix? >> one to three times per year, and i am using limit orders to help me to do that. a lot of people aren't aware of the fact especially their many qualifying events you can roll out your 401(k) into an ira and that is pretty cool because if you have 10 funds to choose from it is hard to get diversified as well. if you can have the universe of stocks and bonds, then you can

get diversified and pretty easy to rebalance. dennis: to look at chile and australia. explain. >> they have very low debt, so the highest gdp in the world, even more free than america by the standards of the heritage foundation. you could have just opened a bank account and got an 8% yield in australia. so these are very hot countries, good international diversification for your portfolio. dennis: third lesson, new chips are safer than blue chips. please explain yourself. >> those of us know 20% of the leading blue-chip index was bailed out in the great recession. a lot of companies have a lot of legacy debt, so companies like

apple and google, apple over 100 billion in cash versus an old legacy corporation that can have 100 billion in debt. we also have very rapid growth and apple and google come you can have flat growth or negative growth, so it is really important to understand the equation of debt because that is often not included with the earnings report. dennis: congratulations on the success of your book. nice job. >> thank you very much, dennis. cheryl: time for your "west coast minute." a strike at boeing has been avoided for now. engineers approved a four-year contract as they go on strike. however, technicians and members of the same union rejected the deal authorizing a strike to happen at anytime. we will resume negotiations on

behalf of the technical staff this week. the nation's biggest pension fund has voted to sell all the investments to fire arm manufacturers smith & wesson. investment committee voted to sell 5 million worth of securities. making the decision after the violent shooting in newtown, connecticut, that took 26 lives. and both tourism approving measures to allow any adult over 21 resident or not to buy marijuana, but there is one catch, if you are a tourist you cannot take it home with you. you can buy it, you can use it. that is your "west coast minute." dennis: elsewhere in california, stanford the first university ever to raise a billion dollars in a single year. harvard followed by yale and the

university of southern california and colombia university in new york. sanford took 40% more than it did in 2011 with most of the funds going to research and construction. stanford received nearly 79,000 separate donations including $100 million from robert king. cheryl: then there is this. congratulations to send out, our producer and her husband added to their family. mom and baby are doing great. amanda, rest up. dennis: nobody ever worries about the father. and cyber attacks. joining tracy and ashley with how business can protect itself. cheryl: finally, good news for flyers. why airlines have been unable to hike prices lately.

you're watching "markets now." stay with us. all stations come over to mission a for a final go.

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